Friedman v. Baca et al

Filing 228

ORDER - If there is no Motion for Substitution within 90 days of the date of this order, the Court will dismiss the case. Signed by Chief Judge Miranda M. Du on 1/13/2021. (Copies have been distributed pursuant to the NEF - AB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KENNETH FRIEDMAN,

Case No. 3:17-cv-00433-MMD-WGC
Plaintiff,

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ORDER

v.
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ISIDRO BACA, et al.,
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Defendants.
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On July 17, 2017, Plaintiff Kenneth Friedman, then a prisoner in custody of the

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Nevada Department of Corrections (“NDOC”), initiated this prisoner civil rights action

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under 42 U.S.C. § 1983. (ECF No. 1-1.) On February 7, 2018, the Court issued a

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screening order and stayed the case to give the parties an opportunity to settle their

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dispute. (ECF No. 10.) The parties were unable to reach an agreement, and the case

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proceeded until Magistrate Judge William G. Cobb scheduled a settlement conference

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for January 14, 2021. (ECF No. 223.) On December 18, 2020, Defendants filed a

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suggestion of death on the record. (ECF No. 226.)

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Pursuant to Federal Rule of Civil Procedure 25(a)(1), “[i]f a party dies and the claim

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is not extinguished, the court may order substitution of the proper party. A motion for

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substitution may be made by any party or by the decedent’s successor or representative.

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If the motion is not made within 90 days after service of a statement noting the death, the

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action by or against the decedent must be dismissed.” Fed. R. Civ. P. 25(a)(1).

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As such, if there is no motion for substitution within 90 days of the date of this
order, the Court will dismiss the case.
DATED THIS 13th Day of January 2021.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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